AI Structured Summary
Not yet generated for this judgment
Judgment
J.P. Singh, J.—Aggrieved by Directorate General, CRPF's Communication No. P VII-3/06-Pers-I dated 30.11.06 and projecting his
entitlement to promotion to the rank of Additional Deputy Inspector General of Police, Central Reserve Police Force, the petitioner has filed this
Writ Petition seeking issuance of a Writ of Certiorari to quash the Director General's Communication besides a Command to the respondents to
promote him from the date his immediate junior IRLA 2155 Manjit Singh was promoted, along with the consequential benefits.
In the absence of Manjit Singh, as party respondent to the Writ Petition, the petitioner's learned Counsel restricted the petitioner's relief in the
Writ Petition to seek issuance of a limited direction to the respondents to consider him for promotion to the post of Deputy Inspector General of
Police, CRPF quashing the Communication aforementioned, at the time of the consideration of the Petition.
Contesting the petitioner's claim to Promotion as Additional Deputy Inspector General of Police, Central Reserve Police Force (now DIG,
CRPF), it is stated by the respondents that pursuant to petitioner's arrest on 01.01.1998 in FIR No. 01/98, registered at Police Station Civil Lines,
Amritsar, in connection with a case for Rash and Negligent driving, snatching service rifle from policemen, assault on policemen and affray at
Novelty Chowk, Lawrence road, Amritsar, he has been facing the Criminal trial in the Court of the Chief Judicial Magistrate, Amritsar and it was
because of the pendency of the Criminal trial that the petitioner was not considered for substantive Promotion as Commandant, which would be
done only in the event of his earning acquittal in the trial.
Referring to para 17.8.3 of the Departmental Promotion Committee Rules, it is stated that ad hoc Promotion as Commandant, allowed to the
petitioner during the pendency of the Criminal trial, would not confer any right on him to seek consideration for regular Promotion unless the ad hoc
Promotion of Commandant, allowed to him was confirmed on his acquittal in the Criminal trial.
The petitioner's Promotion to the rank of DIGP, in a nutshell, is opposed by the respondents on the ground that unless appointed substantively
as Commandant, the petitioner may not have any right to claim consideration for Promotion to the higher rank of the Deputy Inspector General of
Police in the CRPF.
I have considered the submissions of the learned Counsel for the parties, gone through the records and the Departmental Promotion Committee
Rules on the subject.
The petitioner has been denied consideration for Promotion as Deputy Inspector General of Police in CRPF by the respondents on the ground
that ad hoc Promotion of Commandant, allowed to him during the pendency of a Criminal trial does not provide him any right to seek
consideration for further Promotion, which under the rules was available only to a Commandant who fulfilled the following conditions:
He was Commandant with 18 years Group 'A' service of which two years service should be in the rank of Commandant.
Two years Command as Commandant in Duty Bn.
Should have undergone Senior Command Management Course of two weeks duration.
Medical Category SHAPE-I.
Perusal of the above conditions of the Rule, admitted by counsel for the parties, to be applicable, for considering the petitioner's Promotion,
demonstrates that to earn the right of consideration for Promotion to the rank of Deputy Inspector General of Police, CRPF, a member of the
Central Reserve Police Force, has to be a Substantive Commandant, fulfilling the conditions mentioned above, and the expression ""Commandant"",
appearing in the above quoted conditions of the Rule, may not contemplate a Commandant on ad hoc basis, in that, the ad hoc promotion is
subject to the result of the Criminal trial and would entitle the person holding the ad hoc position, to service benefits, including promotion, only if he
was acquitted of the charge in the Criminal trial.
Thus holding the rank of Commandant on ad hoc basis, the petitioner has no right to seek consideration for promotion as Deputy Inspector
General of Police in the Central Reserve Police Force.
The Directorate General's Communication, issued on March 27, 2006, declining petitioner's consideration for promotion to the rank of Deputy
Inspector General of Police in CRPF, at this stage, when he holds position as Commandant on adhoc basis, does neither suffer from any error of
law nor would it offend any enforceable right of the petitioner, warranting interference by the Court.
Thus found to be without merit, this petition is dismissed.